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This Privacy Policy Statement
(“Privacy Policy”) describes the ways we collect information
from and about you, and what we do with the information, so that
you may decide whether or not to provide information to us.
By accessing our website, or purchasing our products or services
you agree to this Privacy Policy in addition to any other
agreements we might have with you. In the event that such
agreements contain terms that conflict with this Privacy Policy,
the terms of those agreements will prevail. This Privacy Policy
does not govern the practices of entities that our Company does
not own or control, or entities that do not own or control our
company or people that our Company does not employ or manage.
Our Collection of your Personal
Data
The information we collect may
include your name (first and last name), position, address,
email address, phone number, login credentials, human resources
data, transaction information, IP address, product and service
selections and other things that identify you. We collect
personal data from you at several different points, including
but not limited to the following:
- when we correspond with you as
a customer or prospective customer;
- when you visit our website;
- when you register as an
end-user of our services and an account is created for you
or your employer;
- when you contact us for help;
- when you attend our customer
conferences or webinars; and
- when the site sends us error
reports or application analytics data.
Our Use of your Personal Data
Our Company may use information
that we collect about you to:
- deliver the products and
services that you have requested;
- manage your customer
relationship and provide you with customer support;
- help improve our products and
services and customize user experience;
- perform research and analysis
about your use of, or interest in, our products, services,
or content, or products, services or content offered
by others;
- communicate with you by
e-mail, postal mail, telephone and/or mobile devices about
products or services that may be of interest to you either
from us, or other third parties;
- develop and display content
and advertising tailored to your interests on our site and
other websites;
- enforce our terms and
conditions;
- manage our business; and
- perform functions as otherwise
described to you at the time of collection.
Our Disclosure of your Personal
data to Third Parties
We may share your personal data
with third parties only in the ways that are described in this
Privacy Policy:
- Your transaction may be
processed by one of our third-party payment vendors: Payment
Express. These vendors are payment processors who can
process your payment on behalf of our Company. The vendor
which will be used to process your own transaction will
depend on the kind of product or subscription you purchase.
- We may provide your
information to our sub-processors who perform functions on
our behalf. For example, we use third party vendors for
storage, network, and technical services.
- Third party contractors do not
have access to our databases. All contractors sign a
standard confidentiality agreement;
- We may share your data with
any parent company, subsidiaries, joint ventures, other
entities under a common control or third party acquirers. We
expect these other entities will honour this Privacy Policy;
we may allow a potential acquirer or merger partner to
review our databases, although we would restrict their use
and disclosure of this data during the diligence phase;
- As required by law
enforcement, government officials, or other third parties
pursuant to a subpoena, court order, or other legal process
or requirement applicable to our Company; or when we
believe, in our sole discretion, that the disclosure of
personal data is necessary to prevent physical harm or
financial loss, to report suspected illegal activity or to
investigate violations of our agreements or Company
policies; and
we may share your information with
third parties with your consent or direction to do so.
- We reserve the right to use,
disclose and transfer non-personal data to our partners,
advertisers and other third parties at our discretion.
- Our websites may provide you
with the facility to create and post content available, such
as on message boards or commenting sections. Any personal
data you publish using these facilities may be displayed
publicly.
Our Security Measures to Protect
your Personal data
Our Company uses industry-standard
technologies when transferring and receiving data exchanged
between our Company and other companies to help ensure its
security. This site has security measures in place to help
protect information under our control from the risk of
accidental or unlawful destruction or accidental loss,
alteration or unauthorized disclosure or access. However,
“perfect security” does not exist on the Internet. Also, if this
website contains links to other sites, our Company is not
responsible for the security practices or the content of such
sites.
Our Use of Cookies, Web Beacons,
Web Analytics Services, and Links
Cookies. Many of our web pages use
“cookies.” Cookies are text files we place in your computer’s
browser to store your preferences. Cookies, by themselves, do
not tell us your e-mail address or other personally identifiable
information unless you choose to provide this information to us
by, for example, registering at one of our sites. However, once
you choose to furnish the site with personal data, this
information may be linked to the data stored in the cookie. We
use cookies to understand site usage and to improve the content
and offerings on our sites. We also may use cookies to offer you
products, programs, or services. You have many choices with
regards to the management of cookies on your computer. All major
browsers allow you to block or delete cookies from your system.
To learn more about your ability to manage cookies, please
consult the privacy features in your browser.
Web
Beacons. Our Company and third parties may also use small pieces
of code called “web beacons” or “clear gifs” to collect
anonymous and aggregate advertising metrics, such as counting
page views, promotion views, or advertising responses. These
“web beacons” may be used to deliver cookies that conform to our
Company’s cookie requirements.
Web Analytics Services. We use Google
Analytics, a service for the marketing analysis of the site
provided by Google, Inc. Google Analytics uses cookies to allow
us to see how you use our site so we can improve your
experience. Google’s ability to use and share information
collected by Google Analytics about your visits to the site is
restricted by the Google Analytics Terms of Use available at
http://www.google.com/analytics/terms/us.html and the Google
Privacy Policy available at
http://www.google.com/policies/privacy/. You can prevent
Google Analytics from recognizing you on return visits to the
site by disabling cookies in your browser. If you prefer to not
have data reported by Google Analytics, you can install the
Google Analytics Opt-out Browser Add-on available at
https://tools.google.com/dlpage/gaoptout.
Links. We may
create links to other web sites. We will make a reasonable
effort to link only to sites that meet similar standards for
maintaining each individual’s right to privacy. However, many
other sites that are not associated with or authorized by our
Company may have links leading to our site. Our Company cannot
control these links and we are not responsible for any content
appearing on these sites. Since this website does not control
the privacy policies of third parties, you are subject to the
privacy practices of that third party. We encourage you to ask
questions before you disclose any personal data to others.
Other.
Our Company websites may use third parties to present or serve
the advertisements that you may see at its web pages and to
conduct research about the advertisements and web usage. This
Privacy Policy does not cover any use of information that such
third parties may have collected from you or the methods used by
the third parties to collect that information.
Legal Basis for Processing your
Personal data (EEA only)
With respect to personal data
collected from individuals from the European Economic Area, our
legal basis for collecting and using the personal data will
depend on the personal data concerned and the specific context
in which we collect it. Our Company will normally collect
personal data from you only where: (a) we have your consent to
do so, (b) where we need the personal data to perform a contract
with you (e.g. to deliver the services you have requested), or
(c) where the processing is in our or a third party’s legitimate
interests (and not overridden by your data protection interests
or fundamental rights and freedoms).
Limiting Use, Disclosure,
Retention
Our Company identifies the purposes
for which the information is being collected before or at the
time of collection. The collection of your personal data will be
limited to that which is needed for the purposes identified by
Our Company. Unless you consent or we are required by law, we
will only use the personal data for the purposes for which it
was collected. If Our Company will be processing your personal
data for another purpose later on, Our Company will seek your
further legal permission or consent; except where the other
purpose is compatible with the original purpose. We will keep
your personal data only as long as required to serve those
purposes. We will also retain and use your personal data for as
long as necessary to comply with our legal obligations, resolve
disputes.
International Transfers of your
Personal data
We are a New Zealand based global
company. Information collected from you may be stored and
processed in the European Economic Area, the United States or
any other country in which our Company or agents or contractors
maintain facilities, and by accessing our sites and using our
services, you consent to any such transfer of information
outside of your country. Such countries may have laws which are
different, and potentially not as protective, as the laws of
your own country. Whenever we shares personal data originating
in the European Economic Area with we will rely on lawful
measures to transfer that data, such as the EU standard
contractual clauses. If you reside in the EEA or other regions
with laws governing data collection and use, please note that
you are agreeing to the transfer of your personal data to the
United States and other jurisdictions in which we operate. By
providing your personal data, you consent to any transfer and
processing in accordance with this Policy.
Accuracy of Personal data
We do our best to ensure that the
personal data we hold and use is accurate. We rely on the
individuals we do business with to disclose to us all relevant
information and to inform us of any changes.
Your Access to and Updating of
your Personal data
Reasonable access to your personal
data may be provided upon request made to our Company at the
contact information provided below. If access cannot be provided
within that time frame, our Company will provide the requesting
party a date when the information will be provided. If for some
reason access is denied, we will provide an explanation as to
why access has been denied. We may charge a reasonable fee in
advance for copying and sending the information requested. If
you would like us to delete any personal data held about you, we
will do so on request unless we need to hold the information as
part of the provision of products and services to you.
Marketing Communications
We offer those who provide personal
contact information a means to choose how we use the information
provided. You may manage your receipt of marketing and non-
transactional communications by clicking on the “unsubscribe”
link located on the bottom of our marketing emails.
Additional Rights (EEA only)
If you reside in the European
Economic Area, you may have the right to exercise additional
rights available to you under applicable laws, including:
Right of erasure. You may have a
broader right to erasure of personal data that we hold about
you. For example, if it is no longer necessary in relation to
the purposes for which it was originally collected. Please note,
however, that we may need to retain certain information for
record keeping purposes, to complete transactions or to comply
with our legal obligations, among other things.
Right to object to processing. You may
have the right to request that we stop processing your personal
data and/or to stop sending you marketing communications.
Right to restrict processing. You may
have the right to request that we restrict processing of your
personal data in certain circumstances. For example, where you
believe that the personal data we hold about you is inaccurate
or unlawfully held.
Right to data portability: In certain
circumstances, you may have the right to be provided with your
personal data in a structured, machine readable and commonly
used format and to request that we transfer the personal data to
another data controller without hindrance.
If you would like to exercise any of
the above rights, please contact our support team or contact our
Data Protection Officer (see our contact section below). We will
consider your request in accordance with applicable laws. To
protect your privacy and security, we may take steps to verify
your identity before complying with the request. You also have
the right to complain to a data protection authority about our
collection and use of your personal data. For more information,
please contact your local data protection authority.
Children’s Privacy
Because of the nature of our
business, our services are not designed to appeal to minors. We
do not knowingly attempt to solicit or receive any information
from anyone under the age of 13. If you are a parent or guardian
and you are aware that your child has provided us with personal
data, please contact us immediately.span>
Your California Privacy Rights
(United States only)
Our Company does not currently
respond to browser “Do Not Track” (DNT) signals or other
mechanisms. Third parties may collect personal data about your
online activities over time and across sites when you visit the
Site or use the Service.
If you are a California resident,
California Civil Code Section 1798.83 permits you to request
certain information regarding our disclosure of personal data to
third parties for the third parties’ direct marketing purposes.
To make such a request, please contact us by sending an e-mail
to privacy@kayako.com.
Our site, products, and services are
not intended to appeal to minors. However, if you are a
California resident under the age of 18, and a registered user
of our Site or Service, California Business and Professions Code
Section 22581 permits you to request and obtain removal of
content or information you have publicly posted. To make such a
request, please send an e-mail with a detailed description of
the specific content or information to privacy@kayako.com.
Please be aware that such a request
does not ensure complete or comprehensive removal of the content
or information you have posted and that there may be
circumstances in which the law does not require or allow removal
even if requested.
Under California law, California
residents who have an established business relationship with us
may opt-out of our disclosing personal data about them to third
parties for their marketing purposes.
Changes to our Privacy Policy
Our Company may amend this Privacy
Policy at any time by posting a new version. It is your
responsibility to review this Privacy Policy periodically as
your continued use of this website and our products and services
represents your agreement with the then-current Privacy Policy.
CoContacting Us
We have designated a Data
Protection Officer who is responsible for monitoring our
Company’s ongoing compliance of this Privacy Policy. If you have
any questions about this Privacy Policy, the practices or
concerns of this site, please contact our Data Protection
Officer at:
privacy@incisive.co.nz
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